Juvenile Criminal Records

Nowadays, gaining access to the criminal records of people is a fairly easy process. This is because firms and individuals can easily request for information from a number of sources that provide them. However, the process is not very simple when it comes to gaining access to juvenile criminal records. One reason for this is that the criminal records that are maintained by both state and federal authorities that they open to the public are records of adults. In addition to this, the laws regarding juvenile criminal cases significantly limits access to these kinds of records as a way of protecting a young person's welfare given that juvenile criminal cases are treated differently by the justice system.

How juvenile criminal cases are treated by the justice system

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Thecriminal process that is followed in juvenile criminal cases is not the same with the process that is followed when the accused is an adult. This is mainly because in juvenile criminal cases, the juvenile is charged with being a delinquent or engaging in delinquent behavior instead of being charged for a specific crime. In addition to this, these kinds of cases are tried in a juvenile court wherein a court judge would sentence the delinquent with the aim of rehabilitating the juvenile. Another major difference is that juveniles do not have the right to a trial by jury. However, if a juvenile is accused of committing a serious crime such as murder, the District Attorney, with the permission of the judge can try the juvenile as an adult.

What happens to theirrecords?

As a rule, all juvenile records are supposed to be closed and confidential at the court's discretion and it is also solely dependent on the court if these records would be expunged or destroyed. However, the common practice with regard to destroying juvenile records across different states is that when the juvenile reach legal age, the court would order the records destroyed. Given this, access to these records is very limited and lawyers who may want to look at the juvenile record of an accused would have to prove that it has direct relationship with the crime that an adult person is accused of doing.

Juvenile Criminal Records

Juvenile Criminal Records

Loan Modification Vs FHA Hope For Homeowners Program--Comparative Analysis!

Current Housing Market Status:

In the last 3 or 4 years, a large number of homeowners have been trying to complete a "loan workout" with their current mortgage lender to lower the interest rate and improve the terms of their loan. Many lenders have chosen not to accept any new terms, rather, let the property go into foreclosure.

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Because lenders have an overwhelming number of properties in foreclosure, they are starting to accept loan modifications via their loss mitigation departments. "The time is ripe for consumers (who own homes) to take action and request that their loans be modified towards better terms and lower interest rate they can afford, if they have high interest rate sub-prime loans or are at risk for foreclosure.

Loan Modification Vs FHA Hope For Homeowners Program--Comparative Analysis!

Since, the rate of foreclosures isincreasing, everyday, the federal government, congress and the president have approved and signed a new bill which will allow homeowners to take advantage of a new "FHA Hope for Homeowners Program-" designed to save more than 400.000 homeowners from foreclosure. This program will go "live" on October 1, 2008.

The new FHA loan program will assist homeowners who are currently in foreclosure, close to foreclosure or those who have high interest rate mortgage loans like those so-called sub-prime loans. The program is different than a loan modification in several ways.

The following is a layout of the bulleted's deference between completing a loan modification and getting approved to do FHA Hope for Homeowners program-.

Loan Modification:

1. You can recast yourcurrent loan into different terms, with the hope to benefit from a lower interest rate, which is fixed rather than an adjustable interest rate.

2. The costs of the loan modification are rolled on the "back-end" of the loan, which will increase the amount of money you owe.

3. The loss mitigation department may choose to keep the amount (that you own on your loan) higher than your current home value. Or they may choose to lower that amount, some, but not as much as it could be to make your new payment comfortable in the long term. This could mean that you may be in financial jeopardy in the future.

4. It's a fact, what causes your current lender to be interested in keeping your loan on their books are the servicing rights. They make money servicing your loan over the termof the amortization schedule. The problem is that many lenders have filed for bankruptcy or just got out of the business (due to poor credit markets) and the servicing rights have been sold to other investors. This often causes strain, since; the servicer does not actually have your loan documents at their facility, so they rely on others to get your original loan information to them for review. This process can cause the loan modification workout to be slow, in many cases. Timing is very important, since, homeowners are not knowledgeable in the process and they often wait to late to get the loan modification process started. It is important to communicate with your current lender and get the loan modification process stated, months before your home goes to foreclosure sale.

5.If your request for a loan modification is rejected, you may want to try it again in a few months, since; some lenders don't document the loan modification attempt you made. They are often motivated by changes in the housing market and their intent changes as more and more loans go into default. It does not hurt to try again. It is smart to work with a loan modification specialist, to seasoned loan officer or an attorney who specializes in real estate, mortgage lending and loan modifications. They understand how to speak to loss mitigation department, personnel and can get a general idea of the mood and trends of your lenders loss mitigation department.

6. Many loan modification specialist work together with attorney firms to get the loss mitigation departments to actin a timely manner. Those same attorney firms work with the loan modification specialist to make sure the original loan documents are not fraud ridden. This is a good approach, yet it can cost the homeowner additional money, since both the specialist and the loan modification attorney need to be paid for their services.

7. Homeowners are required to pay the loan modification specialists and attorneys for the services provided. Many homeowners think that the cost will be included in the new loan amount, but this is not the case. Logically, lenders are already losing money when they agree to modify the loan terms and conditions for the homeowner, so, you can bet that they will not agree to "package" the costs of doing the loan modification into the new loan.That cost is paid by the homeowner, directly to the loan modification specialist and/or the attorney. The cost can range between $ 995.00 and $ 5000.00; as an average. Many loan modification specialist, senior loan officers and attorney firms can work out a payment plan, yet, many require at least 1/2 upfront before they start the loan workout. Understand, there is no guarantee that your loan modification or loan workout will be accepted. You will still have to pay your representation your agreed amount. A large percentage of loan modifications and workouts are accepted. I know, it's a good bet, since, most people do not want to loose their homes to foreclosure.

8. Loss mitigation representatives, (most often) do not require you to pay for a new appraisal. Instead, theyhave your representative provide census track data, a BPO (broker price opinion) or a print out of valuation from title company market sales data. 9. If you are in foreclosure and costs have been incurred from posting your foreclosure sales date, attorney fees, title costs or other costs; you could be liable for those costs, if our current lender requires it (as a requirement to the loan modification).

10. Loss mitigation departments may choose to approve you for a new loan which is (another adjustable or tiered-fixed loan). Be careful. Do your homework or "talk it over" with your representation.

FHA-Hope for Homeowners Program:

1. The federal housing administration (FHA) has required that all homeowners who become approved for this program accept a 30 yearfixed rate program. No other loan types will be accepted. You can only qualify for this program.

2. FHA will loan up to 90% of the current value of your property. This means that if you purchased your property for a higher purchase price and currently have a loan amount higher than what the value of the property is presently, you can become approved to do a loan amount at 90% of what your current house is worth.

3. If you have more than a 1st trust deed lien (subordinate liens) on your property and your property value has severely diminished,; your current lenders may take the loss when you get approved under the "Hope for Homeowners Program". Usually, the loose, senior lenders unless they purchase the primary lien. Most do not purchase the 1st trust deed lien. So, thesubordinated lender gets loose on their investment.

4. FHA's goal is to keep as many homeowners in their homes. They understand that it would be better to give a loan for a homeowner rather than have that property go into foreclosure, be place into the retail real estate marketplace, causing a further degrading of the housing market.

5. The FHA underwriting guidelines are currently more liberal than any other loan guidelines in the current market. FHA is more forgiving in their approach to mortgage lending.

6. The FHA underwriting guidelines have not been disclosed. As October, 1st, 2008 approaches, lenders, processors and underwriters will have a more clear idea as to what is required to get a loan approval.

7. Homeowners will (probably) be required to pay for anew FHA appraisal, as a condition for loan approval and closing. Underwriting guidelines will determine if this is true. The average costs for an FHA appraisal is ranges, $ 300-$ 450.

8. Income to debt ratios will be determined and posted on the underwriting guidelines. Consult your loan modification specialist or loan officer.

9. The loan servicing companies that service, sub-prime loans will (probably) be more inclined to accept a loan modification, since they will want to transfer the lien to FHA, rather than keep it on their books. They have taken huge losses and have an overwhelming desire to get rid if their current problems. Have patience with these lenders, since, they do not keep your actual loan documents at their facilities. They will have to request them. Many lossmitigation personnel are stressed and will want to make a determination as to your file, fast. This is an advantage to you! Work closely with your loan officer to get the items needed for loan submission.

10. If you live in a heavily populated area like Los Angeles, Orange County, San Francisco, Seattle, Portland, Denver, Miami, etc., you will more than likely have a higher percentage of success with a loss mitigation department. This is because there are more homes in foreclosure in concentrated housing areas.

11. Even though we have not seen the FHA underwriter guidelines, (since they have not been delivered to the underwriters) they will be available on or before October 1st, 2008. We can expect that the guidelines will probably focus on a person's ability to makethe new housing payment and not the persons credit score. We call this "ability to pay"!

12. If you 're, FHA-"Hope for Homeowners Program" loan application is accepted by FHA; your current lender will still have to accept the condition which places on the FHA loan. This means that your current lender may to take a loss in equity by accepting the FHA loan buyouts, offered.

13. The good news is that your current lender (already) understands that they will take a loss in equity, if the property goes into foreclosure. If they don't accept the FHA buyout, they may have to place your foreclosed property into the retail sales marketplace. This means that they may have to pay a Realtor 6% commission up to, wait for the property to be purchased, incur additional holding cost, pay togardener, electricity and water bills. All the while, they realize that the property will probably be reduced in value even more as additional foreclosure properties come on to the marketplace. This is not a rosy situation for them, I know, most will realize that it would be better to sell the loan to FHA and take less of a financial loss.

14. The main benefit to your current lender in accepting the terms of a buyout is that FHA under the FHA guidelines, they can benefit from a portion of any equity gain in the property for up to 5 years, at the time FHA buys the loan. If the homeowner chooses to sell the home within the 5 year period after the close of the new FHA loan; the lender can participate in a percentage of any equity gain. This single condition will cause many lenders toaccept the FHA loan buyouts. Ask your loan officer for information regarding lender participation in an equity gains.

15. Many lenders are fully; "FHA approved lenders" and will require that your loan be recast within the FHA loan department of your current lender. Therefore, ask your loan officer if your current lender (note holder) is FHA licensed. This will save you time and headaches, since; many loan officers will try to do the loan on your behalf without determining if your current lender wants the new FHA loan on their own books. This may be a condition for an FHA loan approval by your current lender. If our current lender is already an approved lender, they might as well sell the loan to FHA, direct, correct?

16. Third party cost like, attorney fees, lossmitigation fees, foreclosure posting fees, etc., will be absorbed by your current lender under the FHA Hope for Homeowners Program-. You will not incur these fees under the program. The lender will take this loss, too.

17. As part of the Foreclosure Prevention Act of 2008, 1st time homebuyers are encouraged to purchase homes between April 2008 and July 2009. They can receive up to $ 7500 dollars in tax credits from the federal government. This program has been established to speed up the housing recovery by getting people to purchase homes. Additionally, it will cause home sellers to purchase homes, as well, since they are often "move up" buyers. This program is part of the overall attempt to correct the bad housing market.

18. Credit Score vs. Your Ability to Make thePayment: These two factors will be outlined in the underwriting guidelines. I would expect that the ability to pay will override the credit score issue, since, most people having problems making their housing payments, already, have degraded credit scores. Consult your loan officer for details.

Summary:

Loan Modification:

Consumers, now have several options to preserve home ownership. If one option does not work try the other. Remember, time is of the essence, so act promptly to give your self time to use one or both options.

1. Loan modification is a good option for many, if your have proper representation and get a favorable deal. 2. You will have to pay the costs for this type of loan modification. 3. You will not have to pay for an appraisal, in mostcases.

Visit this site for more information: http://www.LoanModificationContacts.com

FHA-Hope for Homeowners Program:

1. This program may be a better deal for you, if your lender is no longer in business (sub-prime lenders and prime lenders). It can still be a great benefit to you if your lender is still in business and wants to remove some bad assets from their books (understanding) you might become one of those bad assets. Your loan officer can provide this information for you.

2. Since, FHA will go to 90% of the current value of your property; you can be the real winner. This simple fact means that you will have a better opportunity to qualify under a 30 year fixed loan and your housing payment will be more affordable, then what you are currentlypaying.

3. You will most likely be required to pay for an appraisal. Ask your loan officer about this, since; the underwriting guidelines have not come out, yet.

4. You may or may not have to pay for the closing cost to procure the loan. It has not been determined, who actually pays for the closing costs. It will be in the underwriting guidelines, when they come out. Ask your loan officer.

5. Credit Score vs. Ability to Pay: Underwriting guidelines will determine these two factors. FHA underwriters will probably be more forgiving and weight their approval on your ability to make the monthly housing payment. We will have to wait for the underwriting guidelines. Ask your loan officer about these two factors.

Loan Modification Vs FHA Hope For Homeowners Program--Comparative Analysis!

How Do I Find Out If Someone is Dead Using Online Death Records

Are you looking for someone but you're afraid to ask in case they've died?

If you're looking for old friends that you haven't seen for some time you might be worried that they're no longer with us. If you're right then calling up mutual friends and asking them could put you in a very awkward position. I've had people burst into tears on me when I've made this mistake. You might find that you get a little upset yourself too. Why not find out if they are dead before you start ringing around.

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If you think that someone might have died you should find out for certain before making contact

How Do I Find Out If Someone is Dead Using Online Death Records

Are you thinking about your old work buddies, college friends, family members that you haven't seen for years? It would be nice to meet up with them again because youprobably haven't made contact with some of them for decades.

As time goes by the sad fact is that the chances of your friends being dead get greater and greater. All the more reason to make the effort to get in touch with them now but you do need to be sensitive in the methods that you use to find them. If you've ever tracked down a college buddy and called them up only to be told by their spouse that they passed away years ago then you'll know what I'm talking about.

How to find out if someone is dead without causing distress

How Do I Find Out If Someone is Dead Using Online Death Records

Cost Of A Speeding Ticket-How Do You Calculate It?

People usually consider the speeding ticket as a hiccup during the day. Most people who are caught and given a speeding ticket prefer to pay it on the spot-thinking that contesting it is too much trouble and a time drain. After all, most of us lead lives, which require 48 hours 24 hour crammed in a day. However, the decision for paying and forgetting the end should be done only after you understand and see the whole picture.

My first advice to you is, ' DO NOT PAY YOU TICKET ON THE SPOT ' even if the officer says that if you do so it will come on your record. First and foremost, after you get the ticket (and preferably the officer left) records all the circumstances in writing-you will not remember 75% of it after one hour and try to get as much evidence for you aspossible. If you can draw a diagram and/or take photos and describe who was where when you were flagged down; where was the officer when he/she would have identified you as speeding, the signs around you, the traffic, the weather, the road, everything.

Then, armed with all information-either go through the law books regarding traffic offenses and see if you can struggle out of the ticket by showing inaccuracy or any other reason as such- or hire an attorney to do so for you. In case you want to be sure you are doing the right thing by fighting/contesting the speeding ticket, find out how much the insurance company would raise their premium after this conviction and calculate the total cost over three years. You also, find out how much (if any) surcharge the Stateimposes on you for the mark on your license-then work it out whether it is better to contest it or pay it.

The cost of the ticket, when seen from all the angles might startle you. What you would think is a mere fifty bucks would come out to be some $ -500 per year in terms of insurance and surcharge costs.

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Cost Of A Speeding Ticket-How Do You Calculate It?

Cost Of A Speeding Ticket-How Do You Calculate It?

How To Find Out If You Have A Warrant For Arrest

Do you know how to find out about warrants for your arrest?

Do you know if there are any outstanding warrants for your arrest? Have you checked lately? There are a number of reasons why warrants may have been placed on you and you might not even be aware of it. If you do have warrants and you ignore them it could prove costly for you when they finally catch up and arrest you. So how do you find out if you have a warrant for arrest?

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There might be warrants issued against you for some very simple reasons. You might have some unpaid parking tickets that you've forgotten about. Perhaps you missed a court appearance or there's been a clerical error at the courthouse. You might even be a suspect in a crime and they simply haven't been able to find youyet.

Ways to find out if you have a warrant for arrest-Ask a police officer

How To Find Out If You Have A Warrant For Arrest

The easiest way to find out if you have a warrant for arrest is to ask a police officer. They will access their databases and will be able to tell you quickly and at no cost to you. No cost that is unless you do have a warrant against you and they decide to arrest you on the spot. If you don't like the idea of possibly being arrested then don't ask a police officer.

Visit your courthouse

If you suspect that you have a warrant for arrest and you know which area it would have been issued in then go and ask at the relevant courthouse. They will be able to tell you if you've been issued with any and you probably won't get arrested unless the crime isserious. This approach is less effective if the warrant was issued elsewhere.

Use an online service

You can now find out if you have warrants for arrest anywhere in the u.s. by using an online website. All the public databases you need are now available to you in an easy to access and affordable way. In addition, they are completely confidential so there is no possibility of you getting arrested by using them.

If you simply ignore the possibility that you may have warrants for your arrest they will catch up to you eventually by which time the fines and costs could be substantial. Don't take the risk, find out if you have a warrant for arrest now.

How To Find Out If You Have A Warrant For Arrest

Overview of Contingency Fees - Attorneys Who Only Get Paid If They Win

A contingency fee means that an attorney agrees to take on a case without charging any up front or hourly fee. In exchange for working for free and taking the risk that a recovery will be made, the lawyer receives a percentage of what is recovered when the case is over. While lawyers in every state handle some cases on a contingency basis, this article specifically provides an overview of cases Illinois attorneys can handle on the basis of they only get paid if they win.

In Illinois, contingency fee cases are most commonly found in injury cases like workers compensation, personal injury, medical malpractice and nursing home abuse. There are occasionally small fees to obtain medical records in a malpractice case. Other cases include legal malpractice and class actions. Illinois legal malpractice cases attorneys will want to see financial damages as a result of an attorney's unprofessional conduct that would make it financially worthwhile. For example, if a divorce attorney's misconduct resulted in less than desirable visitation, a lawyer will probably not take the case on a contingency basis. However, if as a result of a divorce lawyer's unprofessional conduct the client losses 0,000 from the ex's pension, a legal malpractice attorney may take the case on a contingency basis. In class action cases, attorneys work on a contingency basis because so many people have been wronged that if the lawyer wins the damages awarded will be substantial to compensate all of the clients. The attorney will take a percentage of the damages awarded to compensate for the work.

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Other cases that are sometimes, but now always done on a contingency basis include challenges to a will, commercial litigation, overtime or compensation cases from employment law, collections (if the amount owed is enough) and some child support cases. When challenging a will in Illinois, a lawyer can work on a contingency if there is a real dispute. Illinois law prevents them from taking a percentage of what is recovered if it is just normal representation of an estate. In employment law and overtime cases, lawyers will work on a contingency basis if the dollar amounts owed are large enough. For example, if a client is missing one paycheck a lawyer will probably not take the case on a contingency basis. In child support cases, it is rare to find a lawyer to work on a contingency unless there is money that can be collected.

Overview of Contingency Fees - Attorneys Who Only Get Paid If They Win

Lawyers are prohibited from handling a divorce or criminal case on a contingency basis in Illinois. Illinois attorneys also do not handle defense of civil lawsuits on a contingency basis because there would be no way to get paid.

The fees that an Illinois lawyer charges for a contingency case depends on the type of case and risk involved. In workers' compensation claims for Illinois, the law limits the fee to 20% of any settlement. In medical malpractice cases there is a fee schedule that changes depending on how much is recovered. In most other matters, it is customary for the lawyer to recover 1/3 of the money awarded. In some cases this fee will go as high as 40% or more, especially if there is a trial and/or appeal.

Overview of Contingency Fees - Attorneys Who Only Get Paid If They Win

Strange Laws Around the World

There are many strange laws still in operation around the world. Most are no longer enforced, but technically you could be prosecuted if you break the following laws.

IN THE UNITED STATES

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In Ohio it is illegal to get a fish drunk.
If you are in a plane over Alaska you can't look at a Moose.
In Tennessee, it is illegal to drive if you are asleep.
In Alabama it is illegal to drive while blindfolded.
In New York, it is illegal to drive a car if you are blind.
In Missouri, a permit is required if a man wants to shave.
In Virginia, chickens must lay their eggs between 8am and 4pm.
In Indiana, it is illegal to dress Barbie in Ken's clothes.
In Kentucky it is illegal to paint your lawn red. Any other colour is fine.
In Florida unmarried women can be jailed if they parachute on a Sunday.
In Miami, it is illegal to imitate an animal.
In Los Angeles, it is illegal to tell a customer you are really an actor.
In Kentucky, you must bath at least once a year.
In North Carolina it is illegal for dogs and cats to fight.
In Philadelphia you can't put pretzels in bags.
Corruption is illegal in Virginia, except for politicians, who are allowed to be as corrupt as they like.
In Pennsylvania, it is illegal to put a dollar on a string and pull it away when someone tries to pick it up.

Strange Laws Around the World

IN THE UNITED KINGDOM

It is illegal to die in the Houses of Parliament.
A pregnant woman can legally urinate anywhere she wants, including if she requests, in a policeman's hat.
A bed may not be hung out of a window.
It is illegal to eat mince pies on 25th December.
Damaging grass is illegal.
In York it is legal to murder a Scotsman within its ancient city walls but only if he is carrying a bow and arrow.
In Liverpool, it is illegal for saleswomen to be topless, but only in tropical fish stores.
In London, taxis are required to carry a bale of hay and a sack of oats.

IN THE REST OF THE WORLD

In Australia, it is illegal to roam the streets wearing black clothes, felt shoes and black shoe polish on your face as these items are the tools of a cat burglar.
In Toronto in Canada, it is illegal to drive a street car on a Sunday if you have been eating garlic.
In France it is illegal to name a pig Napoleon
In Israel, it is illegal to pick your nose on a Sunday.
In Iceland, it is illegal to blow on lampposts.
In Hong Kong, a woman can kill her husband if he has cheated on her. She must use her bare hand though. This isn't a requirement for the man's lover, who can be killed by any means necessary.
In Samoa, it is illegal to forget your wife's birthday.
In Space, it is illegal to hear someone deliberately.

Strange Laws Around the World

Criminal Defendants on Trial - Motions to Dismiss Charges

Before Charges are Filed It is essential to retain an experienced criminal defense lawyer as soon as possible after the accused is arrested. In fact, if the police contact the accused during their investigation but before arrest, it is time to consult with a criminal defense lawyer. As the attorney discusses the investigation with the detective he might be able to convince the police not to make an arrest at all or to arrest on lesser charges. One of the attorney's primary functions is to attempt to reduce or eliminate the charges. That is the underlying thrust behind motions to dismiss throughout the entire case: to reduce or eliminate charges.

After the arrest there is a slight window of two to three weeks before the State Attorney's Office files the formal charges. This is a crucial time window. Wouldn't it be great to be in the conference room when the State's case filing attorneys are considering what, if any, charges they will file in this case? Well, the accused cannot be there. The experienced criminal defense lawyer knows just how to present the facts in support of his client's position in front of this esteemed group of prosecutors so that they will give due consideration to the arguments for reducing or eliminating charges. This powerful tool takes place before they actually file charges. This, too, is akin to a motion to dismiss or reduce charges that the attorney can work with even before the case begins in Court.
After Charges Have Been Filed Once the State Attorney's case filing section decides on the charges, a written Information is filed with the Clerk in the Court file. At this point, these are the formal charges that the attorney will be fighting on his client's behalf. The Court will set an Arraignment, which is the first Court hearing. The formal charges may be read aloud in open Court unless the accused decides to waive the reading. Next the accused must make a choice between two possible pleas. The attorney will inform the Court if the accused intends to plead guilty [meaning a jury trial is not wanted and the Court can pronounce sentence right away], or the accused can plead not guilty [meaning a jury trial is desired and none of the Constitutional rights will be waived].

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If the attorney selects to file a Written Plea of Not Guilty and Demand for Jury Trial with the Court prior to the date of the Arraignment, the Court will waive the presence of the defendant and his/her attorney and the reading of the charges is also waived. This procedure can save the defendant a trip to the courthouse. This is the only Court hearing where the presence of the defendant can be automatically waived. [If a defendant lives out of state or has some particular impediment to appearing in Court personally, the attorney can file a written motion for the Court to waive his/her appearance and obtain an Order to that affect. This is beyond the scope of this article.]

Criminal Defendants on Trial - Motions to Dismiss Charges

Whether the defendant appears for formal Arraignment or waives it by Written Plea filed by his/her attorney beforehand, the attorney will always ask the Court for 15 days for the filing of Defense motions. The rules of Court generally set the time for making motions to dismiss at the time of Arraignment. It is rare that the lawyer could be prepared so soon in the representation to articulate grounds for dismissing the charges in writing including case citations of law. This is why the attorney asks for more time to investigate whether there are viable grounds for filing a Motion to Dismiss and to perform the proper legal research. If the grounds for dismissal are based on fundamental rights [i.e., rights that arise under the U.S. Constitution] they can be raised at any time during the pre-trial procedure.
The Written Motion to Dismiss There are two basic divisions of the Court system: civil cases concern money issues; criminal cases concern liberty interests. While in civil cases the motion to dismiss is filed with every answer to every complaint and is very often granted by the Court, in criminal cases a motion to dismiss is less often used. That is because in criminal cases the State brings the charges and only the State can change or alter the charges unless there are clear grounds for the Court to take control and dismiss as a matter of law. For example, if the statute of limitations has run, the Court can determine that from the record and dismiss that charge as a matter of law.

The criminal law motion to dismiss is actually more like the civil law motion for summary judgment. In both of these, the party making the motion is saying in effect that there are no material facts in dispute and therefore the law requires that the charge/complaint be dismissed. In civil cases, the other party will try to file affidavits or statements under oath that controvert the facts and thus require the case to go to a jury to decide the factual questions. In criminal cases, the State can file a traverse which is a response outlining the facts that are actually in dispute. If the State can show that there is a factual dispute, the motion to dismiss must be denied and the case must go to the jury to decide those facts.

The motion to dismiss must be made in writing and state that there are no material disputed facts and that the undisputed facts do not establish a prima facie case of guilt or that they do establish a complete defense. The attorney will cite to police reports, affidavits, depositions under oath, etc. to support the motion to dismiss. The motion must be sworn to under oath by the defendant or by someone with personal knowledge. All defenses available by plea, other than not guilty, must be raised by a motion to dismiss whether they relate to matters of form, substance, former acquittal, former jeopardy, not guilty by reason of insanity, or any other defense.

The function of the attorney remains constant. He is consistently trying to reduce or eliminate charges.
The State's Response to the Motion to Dismiss If the motion is sufficient on its face, the State must oppose by either traverse or demurer. A traverse says that the motion's factual assertions are false or incomplete and issues of fact remain as to whether the defendant committed the crime. A demurrer says that even if the facts alleged by the defendant are true and complete, dismissal cannot be granted as a matter of law. If the state's traverse or demurrer indicates ultimate facts that raise a material issue of fact in the case, the Court must deny the motion to dismiss.
Evidentiary Uses Sworn motions to dismiss and traverses are sharp tools in the criminal defense lawyer's hand as he crafts this pretrial battle. Even more they are power weapons for the trial because they are now in the record as admissions by party opponents. They will be admissible as substantive evidence if any of the State's witnesses change their testimony slightly at trial. As always, they can be used to impeach the witness' credibility.

Now it can be better understood why experienced criminal defense lawyers, whose role is to reduce or eliminate charges, seek to utilize the powerful tool of motions to dismiss in order to better their client's position during both pretrial and jury trial.

Criminal Defendants on Trial - Motions to Dismiss Charges

Convicted Felon Search Tips - Can You Find a List of Convicted Felons in Your Area?

Does a list of convicted felons in your area exist? The answer is a yes. Some states and their counties usually have their database of convicted felons so that when someone looks for it, it will be immediately available. Some counties already have their own online site where you can easily log on to obtain the list of felons while others don't.

If you can't find an online website where you can obtain a list of convicted felons, you can try searching the local bureau of prisons. In any way, you will still be able to get the list of the convicted felons in your area. The list of convicted felons is usually confidential and you should have the authority to obtain it or at least a permission. You should also have a valid reason for wanting to obtain the list. You see, the convicted felons are also protected by the state so that they will not be discriminated once they are out of prison.

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So if someone asks you if there is a list of convicted felons in your area, you can simply answer 'yes'. If you want to check if an individual is a convicted felon, you just need to provide the name of the individual, and probably some personal details. After doing so, you can determine if he/she is a convicted felon.

Convicted Felon Search Tips - Can You Find a List of Convicted Felons in Your Area?

Remember that even though if you're able to find out if a person is a convicted felon, you must still respect that individual and don't judge them for their past mistakes. If a need to search for convicted felons in your area arises, you have two search options - search online or offline. Another type of felony database available is the local sex offender databases. These can usually be found on your local television station's website or newspaper. If you cannot locate it, simply call your city government office and they should be able to direct you to a website.

Convicted Felon Search Tips - Can You Find a List of Convicted Felons in Your Area?

DUI Records and Pre-Employment Background Checks

If you've recently been arrested and/or convicted of a DUI or drunk driving offense there are many things to consider before actually disclosing your DUI on a job application. First, if you are eligible to clear the DUI record (immediately or in the near future) it might make more sense to explore those avenues before you apply for a job that you really want.

9 times out of 10 most every employer will do a pre-employment background check on you and will uncover the DUI offense which most likely will cause them not to hire you. Most pre-employment background checks are conducted by 3rd party HR companies that are contracted by your potential employer specifically to do background checks. A lot of the big companies use the same outsourced HR company to do their checks so if you get flagged within their system that could in effect ruin your chances of ever getting hired from any company who uses them to perform pre-employment background checks.

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So it's definitely something you want to think about and clear up BEFORE you apply and agree to a background check.

DUI Records and Pre-Employment Background Checks

But if you take the steps to clear or expunge the DUI record prior to applying for the job there is a good chance that they will never find out about it. So, by spending a little bit of time and educating yourself on what you need to do to take care of your record could pay off big time.
Not every state allows the clearing or expunging of DUI records but even in those states that won't clear your record there are remedies to minimize the damage by keeping it from showing up on background checks. You can get more information at www.duiprocess.com

DUI Records and Pre-Employment Background Checks

How to Find Free Police Records Online

The fact is that you live in a big world. And it is quite impossible for you to get to know all the people you are dealing and working with. Just the same, it is very important to try your best in finding out all that you can about these people, especially if they work for you, or if you are establishing close personal relationships with them.

Perhaps one of the best ways to get to know someone is by running a check on his criminal history. Of course, you would want it clean, but you would be surprised to know that a lot of people keep a lot of deep, dark secrets. You just have to be on your guard every time.

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You need not go to a police station to wade through their voluminous records. This could be a hassle for you, and could be time-consuming as well. Your remedy lies in the form of the Internet. At present, there are a lot of websites that offer access to police records.

How to Find Free Police Records Online

Be wary of sex offenders
Family Watchdog is a site that offers access to a national database of registered sex offenders. Pay particular attention to this since there have been a lot of incidences when sex offenders and pedophiles stalk their victims while in the guise of holding small-town jobs. Not only will you be protecting yourself and your children, you will be helping protect your community as well.

Do not snub online court records
Courts nowadays are employing technology to serve more people. In fact, you can check if your local district and circuit courts have uploaded court decisions in their websites for your free perusal. Use the search function in the court website, and chances are you will be directed to the case decision involving the person you are checking on, if any court decision has been decided against him or in his favor.

Research on other search engines
Since people started paying more attention to the importance of conducting background checks on people, specifically if they hold police records, more and more companies have put up websites where you can find them. Make sure to check on the reputation of these companies before you engage their services, especially if they require a fee.

Find the most practical solution
Also, it would be good for you to know that some of these websites, while offering free access to police records, have dubious reputation. The information they offer you might not have been obtained in a legitimate manner. Some websites are also difficult to navigate, owing to the lengthy information they contain. Some website are simply fake -- they charge your credit card but do not provide access to any records in return.

A more practical, convenient and safe method to search for police records would be to get access to a nationwide registry of police records. Sure, you would have to pay a small fee. But the peace of mind that you will be getting in return is certainly worth the minimal number of pennies you will pay.

How to Find Free Police Records Online